JUDICIARY DEPARTMENT. 131

Under this section and art. 2, sec. 13, and art. 15, sec. 3, as they stood in the Con-
stitution of 1864, it was held that justices of the peace who were elected in Novem-
ber, 1863, and in office when the Constitution of 1864 was adopted, continued to
hold until there were regular appointments by the Governor and senate super-
seding them. The concurrent act of the senate must be at a regular, and not a
special, session of the legislature. Taylor v. Hebden, 24 Md. 212 (overruled in part
in Claude v. Wayson, 118 Md. 486).

The act of 1854, ch. 138, which attempted to abridge the right of appeal from
justices of the peace in civil cases, held void under art. 4, sec. 19, of the Constitu-
tion of 1851. State v. Mace, 5 Md. 349.

Constables.

This section not only declares how constables shall be appointed, but fixes the
term of office for two years and provides for their removal; hence the legislature,
while it may regulate the number of constables for Baltimore city and the election
districts of the counties, can not in so doing revoke an appointment or diminish,
the term of office of a constable already lawfully appointed. This rule ia not
altered by the fact that a constable has not qualified; a commission or certificate
of appointment is not in such cases necessary to complete the appointment and is
only additional evidence thereof. The act of 1912, ch. 823, popularly known as
the " People's Court Act," held not to annul the appointment of a constable
appointed prior thereto. The " mayor and city council of Baltimore " referred to
in this section is the municipality in its corporate capacity, and the power of
appointment given it must be exercised by ordinances; hence the act of 1912,
ch. 823, in so far as it attempts to substitute an appointment by the mayor con-
firmed by one branch of the council, is unconstitutional. Little v. Schull, 118 Md,
460; Levin v. Hewes, 118 Md. 646.

The legislature has the power 'to change at any time the duties and compensation
of constables, and may delegate such power to the mayor and city council of Balti-
more. Ordinance No. 87, approved March 12, 1912, held valid. Gould v. Balti-
more, 120 Md. 537.

Generally.

Justices of the peace and constables are merely peace officers. The authorities
of Baltimore city held to be authorized to create an additional police force,. Police
bill, upheld. Baltimore v. State, 15 Md. 465 (based on art. 4, sec. 19, of the Con-
stitution of 1851).

This section referred to in sustaining an indictment against a constable for mal-
feasance in office. Mohler v. State, 120 Md. 326.

Art. 4, sec. 19, of the Constitution of 1851, referred to in construing art. 4, sec. 18,
of the Constitution of 1851—see notes to sec. 41. Sappington v. Scott, 14 Md. 52.

This section as it stood in the Constitution of 1864, referred to in construing art.
4, secs. 33 and 34 of that Constitution—see notes to sec. 28. Reese v. Hawks, 63
Md. 133.

See notes to art. 15, sec. 3, and to art. 4, secs. 1 and 43.

See arts. 52 and 20 of the An. Code.

Sec. 43. In the event of a vacancy in the office of a Justice of the Pekce,
the Governor shall appoint a person to serve as Justice of the Peace for
the residue of the term; and in case of a vacancy in the office of Constable,
the County Commissioners of the county in which the vacancy occurs, or
the Mayor and City Council of Baltimore, as the case may be, shall appoint
a person to serve as Constable for the residue of the term.

Construing art. 4, sec. 19, of the Constitution of 1851, it was held that a justice
of the peace appointed by the Governor to a vacancy, held until the next regular
election of justices of the peace, and that the appointment must be made by the
Governor alone and not by the Governor and senate under art. 2, sec. 11. Art. 4,
sec. 19, of the Constitution of 1851, contrasted with art. 4, secs. 25 and 26, of said
Constitution. Cantwell v. Owens, 14 Md. 225.

This section referred to in construing art. 15, sec. 3, and art. 4, sec. 42—see notes
to former. Smith v. Thursby, 28 Md. 268 (dissenting opinion).
See notes to sec. 42.